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  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview 
						
                                
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TIMOTHY J. MCCAFFERY, State Bar No 154668
ANTHONY J. CALERO, State Bar No 194454

LOMBARDI, LOPER & CONANT, LLP ELECTRONICALLY
Lake Merritt Plaza

1999 Harrison Street, Suite 2600 FILED
Oakland, CA 94612-3541 Superior Court of California,
TEL: (510) 433-2600 County of San Francisco
FAX: (510) 433-2699 APR 1

6 2008
._ GORDON PARK-LI, Clerk
Attorneys for Defendant Larry Hopkins, Inc., d/b/a Larry Hopkins Homdaannic PASCUAL
Deputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR COUNTY OF SAN FRANCISCO

RODRICK BRECKLER AND JOANN
BRECKLER,

CASE NO. CGC 08-274566

COMPLEX ASBESTOS LITIGATION
Plaintiffs,
DEFENDANT LARRY HOPKINS, INC’S
ANSWER TO COMPLAINT FOR PERSONAL
INJURY AND LOSS OF CONSORTIUM-
ASBESTOS

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ASBESTOS DEFENDANTS, et al.,

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Defendants.

Defendant LARRY HOPKINS, INC., by way of answer to Plaintiffs’ Complaint denies
generally, and specifically, every allegation, including damages of any sum.

AS AND FOR SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSES,
DEFENDANT ALLEGES:

FIRST AFFIRMATIVE DEFENSE

Neither the Complaint, nor any of the alleged causes of action state facts sufficient to

constitute a cause of action against defendant LARRY HOPKINS, INC.
SECOND AFFIRMATIVE DEFENSE

Plaintiffs’ Complaint, and each stated cause of action, is barred by the applicable statutes of
limitations.
ut

DEFENDANT LARRY HOPKINS, INC’S ANSWER TO COMPLAINT FOR PERSONAL INJURY AND
LOSS OF CONSORTIUM- ASBESTOS,

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THIRD AFFIRMATIVE DEFENSE
Plaintiff Rodrick Breckler was careless and negligent in and about the matters complained of
in Plaintiffs’ Complaint, which proximately caused and contributed to his own damages, if any,
sustained.
FOURTH AFFIRMATIVE DEFENSE
If Plaintiffs sustained any alleged damages, these damages were due to the negligence of
persons and/or entities other than LARRY HOPKINS, INC.
FIFTH AFFIRMATIVE DEFENSE
Plaintiffs’ alleged damages are completely, or in part, the product of Plaintiffs’ failure to
mitigate damages as-required by law.
SEXTH AFFIRMATIVE DEFENSE
If Plaintiff Rodrick Breckler suffered injuries attributable to the use of any product
manufactured, formulated, packaged, or sold by LARRY HOPKINS, INC —which injuries are
expressly denied—the injuries were solely caused and attributed to the unreasonable, unforeseeable,
and inappropriate purpose and use, those product and plaintiff Rodrick Breckler’s failure, or others, to
follow label instructions.
SEVENTH AFFIRMATIVE DEFENSE
That at all times, mentioned in the Complaint, LARRY HOPKINS, INC is informed and
believes plaintiff Rodrick Breckler was employed and entitled to receive employer’s Worker's
Compensation benefits; which plaintiff Rodrick Breckler’s employer was insured under a policy of
Worker's Compensation Insurance. The employer and its agents, servants and employees, acting
within the course and scope of their agency and employment, were negligent and. careless in and about
the matters referred to in Plaintiffs’ Complaint, that said employer carelessly and negligently failed to
furnish plaintiff Rodrick Breckler with a safe place to work and carelessly and negligently failed to
provide proper supervision, inspections, tools, appliances and control and direction over its employees
in the place of employment; that said carelessness and negligence proximately caused and contributed
to the injuries which plaintiff Rodrick Breckler claims he sustained; that the carelessness and

concurrent negligence bars recovery against LARRY HOPKINS, INC of all sums paid or to be paid

DEFENDANT LARRY HOPKINS, INC’S ANSWER TO COMPLAINT FOR PERSONAL INJURY AND
LOSS OF CONSORTIUM- ASBESTOS

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to or on behalf of plaintiff Rodrick Breckler by way of Worker's Compensation benefits as aforesaid,
that said carelessness and concurrent negligence of the employer is by law imputed to the Insurance
carrier of said employer pursuant to Witt v. Jackson (1961) 57 Cal.2d 57.
EIGHTH AFFIRMATIVE DEFENSE
LARRY HOPKINS, INC, had neither notice nor information to acquire notice concerning
the alleged notice and/or defect alleged in Plaintiffs’ Complaint.
NINTH AFFIRMATIVE DEFENSE
Plaintiff Rodrick Breckler knowingly and voluntarily assumed the alleged risk and hazard, and
his voluntary assumption of the risk and hazard was the proximate cause and contribution to his
alleged damages.
TENTH AFFIRMATIVE DEFENSE
Plaintiffs have unreasonably delayed the commencement of this action and prejudiced.
LARRY HOPKINS, INC whereby the Complaint, and each cause of action therein, is barred by the
doctrine of laches.
ELEVENTH AFFIRMATIVE DEFENSE
That parties to this action, other than LARRY HOPKINS, INC, were negligently or legally
responsible, or otherwise at fault for any damages alleged in the complaint, which damages are
herein denied; therefore, in the event of any liability, whether by settlement or judgment in favor
of any other party against LARRY HOPKINS, INC an apportionment of fault should be made as
to all parties by the court or jury, and this answering defendant requests a judgment and
declaration of indemnification and contribution against all other parties or persons in accordance
with the apportionment of fault between the parties and any judgment for non-economic damages
must be limited to the LARRY HOPKINS, INC’S percentage share of fault in accordance with
Civil Code Section 1431.2, et seq.
TWELETH AFFIRMATIVE DEFENSE
All LARRY HOPKINS, INC’S alleged activities conform te statutes, governmental
regulations, and industry standards based upon the state of knowledge existing at that time as

alleged in the complaint and each causes of action therein.

DEFENDANT LARRY HOPKINS, INC’S ANSWER TO COMPLAINT FOR PERSONAL INJURY AND
LOSS OF CONSORTIUM- ASBESTOS

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THIRTEENTH AFFIRMATIVE DEFENSE
Plaintiffs or others modified, altered, and/or changed the products, chemicals and/or
compounds referred to in the Complaint; and these changes were the proximate cause of the
alleged injuries, losses, and damages. :
FOURTEENTH AFFIRMATIVE DEFENSE
The alleged injuries and damages were proximately caused by the idiosyncrasy of plaintiff
Rodrick Breckler’s bodily composition and consequential unforeseeable allergic reaction to the
product and/or one or more of its components.
FIFTEENTH AFFIRMATIVE DEFENSE
Plaintiffs’ acts, conduct, and omissions actually and proximately caused alleged injuries
which injuries are denied herein, and LARRY HOPKINS, INC has no liability to Plaintiffs, or at
all; or in the alternative, LARRY HOPKINS, INC is only liable in an amount equal to its
proportionate fault.
SIXTEENTH AFFIRMATIVE DEFENSE
Products, as alleged in the Complaint, were used by a sophisticated user/intermediary,
having adequate and complete warnings of any risks and for that reason LARRY HOPKINS, INC
has no duty to independently warn, thereby, Plaintiffs’ claims are barred.
SEVENTEENTH AFFIRMATIVE DEFENSE
Any resulting injuries were not foreseeable io LARRY HOPKINS, INC given the state of
knowledge and state-of-the-art at the time of the alleged injuries.
EIGHTEENTH AFFIRMATIVE DEFENSE
The Complaint, to the extent it secks punitive or exemplary damages pursuant to California
Civil Code §3294, violates LARRY HOPKINS, INC’S right to procedural due process under the
Fourteenth Amendment of the United States Constitution and the Constitution of the State of
California; therefore, the Complaint fails to state a cause of action for which punitive or exemplary
damages may be awarded. .
If

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DEFENDANT LARRY HOPKINS, INC’S ANSWER TO COMPLAINT FOR PERSONAL INJURY AND
LOSS OF CONSORTIUM- ASBESTOS

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WHEREFORE, this answering Defendant prays judgment:
, 1. Plaintiffs takes nothing by reason of the Complaint on file herein;
2. be dismissed with costs of suit incurred herein; and

3. for other relief in which the Court deems proper.

DATED: April 16, 2008 LOMBARDI LOPER & CONANT, LLP

4S/ Anthony J. Calera
By:

Anthony J. Calero, SBN 194454
Lombardi, Loper & Conant, LLP
1999 Harrison Street, Suite 2600
Oakland, CA 94612
510-433-2600

DEFENDANT LARRY HOPKINS, INC’S ANSWER TO COMPLAINT FOR PERSONAL INJURY AND
° LOSS OF CONSORTIUM- ASBESTOS

5

03381-37762 AMC 551755.Oo © YN DA DH BP WY N

PROOF OF SERVICE
RODRICK BRECKLER AND JOANN BRECKLER y. ASBESTOS DEFENDANTS, et al.
SAN FRANCISCO COUNTY SUPERIOR COURT NO. CGC-08-274566

Thereby declare:
Tam a citizen of the United States, over 18 years of age and not a party to the within action.

I am employed in the county of Alameda; my business address is Lake Merritt Plaza, 1999
Harrison Sireet, Suite 2600, Oakland, CA 94612-3541.
On the date executed below I electronically served the document(s) via Lexis Nexis File &

Serve described below:

DEFENDANT LARRY HOPKINS, INC.’S ANSWER TO COMPLAINT FOR PERSONAL

INJURY AND LOSS OF CONSORTIUM-ASBESTOS

on the recipients designated on the Transaction Receipt located on the Lexis Nexis File & Serve
website. I declare under penalty of perjury pursuant to the laws of the State of California that the
foregoing is truc and correct and was executed on April 16, 2008, at Oakland, California.

/s/ ELIZABETH C. MORELAND
ELIZABETH C. MORELAND

DEFENDANT LARRY HOPKINS, INC’S ANSWER TO COMPLAINT FOR PERSONAL INJURY AND
LOSS OF CONSORTIUM- ASBESTOS

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03381-37762 AMC $51755.t